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Legal Questions

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Can I be charged with a DUI in Delaware even if I wasn’t driving?

Can I be charged with a DUI in Delaware even if I wasn’t driving?

Even if you are not operating a motor vehicle, the police can arrest you for driving under the influence. However, to succeed the DUI charge in Delaware, the prosecution must be able to prove that you were in physical and actual control of the vehicle. This can take numerous forms, such as sitting in a driver’s seat with keys in the ignition while the engine is running.

Physical Control

This means that you are in actual and physical control of that vehicle. But if you were in the passenger seat, – Read More